Patent Infringement and Freedom to Operate Analysis

Mandar Manolikar GNA Patent Gurukul.

ACKNOWLEDGEMENT

Acknowledgement

I would like to take this opportunity to express my sincere thanks to Dr. Gopakuamr. Nair, for his enthusiasm in tesching and without the urge generated by him to strive for that extra bit this project would not have reached this shape. I would also like to thank my family, Mama and Mami, without their love and support this project would not have completed. Last but not the least; I would like to thank Ashish and Shweta who were very helpful throughout this coursework.

Date: 27th Feb. 2011

Mandar Manolikar

ABSTRACT

The R&D requires heavy investment. This dissertation takes a brief overview of Patent Regime in India. goes on to take an overview of patent infringement and litigation procedures in India. At the same time one must be vigilent of not infringing third-party IPRs. .Abstract The object of Patent law is to provide protection for inventions. therefore it is inevitable that due safeguard for the IPR against infringement must be provided. and also a preview of FTO analyses. in-turn creating an environment conducive to research and development (R&D). as such infringements can cause heavy losses.

ABBREVIATIONS .

Abbreviations GATT .General Agreement on Trade & Tariff TRIPS – Trade Related aspects of Intellectual Property Rights IPR – Intellectual Property Right R & D – Research Development WTO – World Trade Organisation MNCs – Multinati National Companies GDP – Gross Domestic Product IP – Intellectual Property IT – Information Technology IPAB – Intellectual Property Appellate Board FTO – Freedom To Operate U.S. PTO – United States Patent and Trademark Office .

Table of Contents .

........................................................................................14 1...........................0 Patent Infringement and Litigation in India..................................8................21 2.................14 1...............................................................20 2.2 Value of Patent System............1 Direct patent infringement..........2 The Information Technology Industry..................Acknowledgements ……......................19 2................................................................................................7 Injunction...............................................................................................................................................................................................................................................................................................20 2.........................................................................................................................5 Patent infringement disputes in India...................17 2...20 2.........................................................................................12 1...................................................................17 1.................3 Contributory patent infringement................................1 What Constitutes A Patent Infringement?............................................................................18 2.......13 1...............................................................................................................................................................13 1..6 Patent claim infringement.............................................5 List of Abbreviations …… ..................1...................... 3 Abstract …… .........20 2...............6 New Patent Regime in India.....................................1 The Pharmaceutical Industry...24 ......................................3 International Character...22 2...........................................2 Indirect patent infringement.........5 History of Patent Law in India..................................12 1.....................................3 Steps to establish infringement........................... 9-10 Table of Contents 1................................................0 Introduction..............................................................................................7 Table of Contents …….1................................23 2..........7 Post TRIPS effects of Patent Regime in India on Economy......................................................4 Indian Patent Legal System..............1........................................................................................................................................................................................8..2 Detecting patent infringement........................24 2...........1 Object of Patent Law.......................................................................4 Main Provisions Associated With Trips Agreement ..................................................................8 Effect of New Patent Regime on Research Based Industries ii...............................12 1...........................................................................................................................................17 1.........................11 1......................................................

....................................................................................................6..........26 2........................6.......................................................8.............................................................8...........27 2...................8 Procedure followed by judges in patent infringement cases in India xxii.................................................................................................4 FTO Analysis Preparations: Overview....32 3.........31 3...........................25 2..................34 3.....................2...................1 Infringement Analyses......................25 2............3 The arguments.......................1 The case.......................................................32 3.29 3......0 Freedom to Operate....9........................4 Invalidity Based on Obviousness......5 Due Diligence...........................................2.................2......................2...................2...... ........27 2...........31 3...................2 Freedom to Operate Analyses...............................................................................................................2 The technology...........6..............9...........................................................4 The verdict........................................................................ TVS Motor Company Ltd......................................................35 3.35 4............9......................................................................1 Methods on judicial procedure........31 3............................................................... Vs...................2 Invalidity Analyses.................................................................................................................................34 3................................27 2............31 3..........35 3......................................................................................37 .............................................3 Why Are FTO Analyses Conducted?...... ...........................................28 3.........................................................................................................34 3..9............................1 The Case .....................................................................................9 Case Study: Bajaj Auto ltd.............................2 FTO Preparations...................................0 Endnotes................................................7 Conclusions..................................................27 2...............................................................................................................................4 Formal FTO Opinion..................................31 3.............................................................2 Facts finding and application of substantive lawxxii...6 An Explainatory Case Study....6...............................................................................................................................33 3....3 Invalidity Based on Novelty: Anticipation........35 3...........3 FTO Analysis.............................................1 What Is Freedom to Operate?..

0 Introduction .Chapter 1.

3 International Characteriii In a sense patents have assumed an international character. Most of the inventions and discoveries made in all fields of technology are published in the patents specifications filed in the patent offices of different countries. 1. A world. The increasing numbers of applications for patents from foreigners received in almost all countries is an indicator of the fact. which might not prove profitable if it were to face competition in the initial stage. . Attempts are being made from time to time by international associations for the protection of individual property and to introduce more and more uniformity and harmonization among national Patents systems. An inventor may disclose the new invention only if he is rewarded.wide exchange of technical information has been made possible only by publications of such patent specifications. The ever increasing number of applications for patents received by the patent offices in all industrially advanced countries is an indication of the universal recognition of the importance of the patent system. Thus the theory which the patent system is based upon is that the opportunity of acquiring exclusive rights in an invention stimulates technical progress in four waysi:  It encourages research and invention  It induces an inventor to disclose his discoveries instead of keeping them as trade secret  It offers the reward for the expenses in developing the invention till the stage at which it is commercially practicable and  It provides an incentive to invest capital in the yet-to-prove new lines of production.2 Value of Patent Systemii There exists some controversy as to the precise extent of the contributions made by the patent system to the economic development of a country. The International convention for the Protection of Industrial property (Paris Convention) and GATT and TRIPS agreement are examples of attempts at harmonization of the law of patents & other forms intellectual property. otherwise he may work on it secretly.1. But the adoption of some kind of patent protection for inventions is in place in almost all countries.1 Object of Patent Law The object of granting a patent is to encourage and develop a new technology and industry. 1.

7 years for pharmaceutical. agro chemical and food products.  IPRs. and a patent term of 16 years from the date of applicationv . as against 16 . TRIPS has failed and will continue to fail to stimulate sufficient R&D for diseases that primarily affect poor countries.  IPRs and biodiversity. The Patent Act 1970. and advocates the uniform extent of protection for all the technological inventions fulfilling the criteria.  IPRs. In addition to these discrepancies TRIPS also rule out any discrimination between the technological sectors. The Patents Act in India was framed after years of consideration and on the basis of the recommendations made by the Justice Rajagopal Ayyangar Committee (1958)vi . biotechnology and agriculture. the following five major areas still continue to be controversial for both the parties to the TRIPS:  IPRs and access to medicines. 1. community property rights and indigenous knowledge. After Independence of India there was a need to revise The Patents and Designs Act 1911 to facilitate the local industry and in accordance with the stage of development of the country. Even after the acceptance of the TRIPS agreement. There is no doubt that “product patent regime” has encouraged the R&D for diseases.e. The Patent Act was first enacted in the year 1856 under the rule of British and subsequently amended several times. The patent regime adopted in TRIPS by the developed countries is somewhat capitalist in nature as it prioritizes the profit motive over the social responsibilities. TRIPS had forced all the developing countries to switch over to product patent regime from process patent regime and hence. However.  IPR policy and trade. restrict the access of the cost effective essential medicines to their people. India had inherited The Patents and Designs Act 1911 from the colonial times that provided for protection of all inventions except those relating to atomic energy.5 History of Patent Law in India Patent Act in India is more than 150 years old. provided for process patents for pharmaceuticals and agro-chemical products and for a shorter period i. notably those with the lucrative potential market in the industrialized world.4 Main Provisions Associated With Trips Agreement patent of products:    iv The TRIPS consistent Indian patent law addressed three important issues relating to Adoption of definition of “pharmaceutical substance” Exclusion of “mere discovery of a new form of known substance” and “new use for a known substance” as patentable subject matter and Protecting the interests of those who are already producing the products which may be granted patent protection in the new regime.1.

This in turn paved the way for a radical shift in India from a weak process patent system to a strong TRIPS compliant Product Patent System xixii. Indian patent law has been revised three times in compliance with its provisions.503 in 2000-2001. or TRIPS xiii. India. 1. Thus. which produced the same drugs as the MNCs at relatively low prices. But amended Indian Patents Act has provided measures and safeguards that will not be detrimental to Research and Development activities in the country. These amendments in 1999 and 2002 did not completely comply with the WTO requirements and so there was a need to frame an Act that was more compatible with the requirements of TRIPS. by allowing only process patents India today witnesses a thriving generic pharmaceutical industry that is capable of exporting generic drugs to certain developed countries.years for other categories. and thus with the accession at WTO India was compelled to honour TRIPS agreement.viii as only process patents.a drug patented elsewhere by using a different process.7 Post TRIPS effects of Patent Regime in India on Economy After signing TRIPS in 1995.( Ever greening refers to extending patent life of a product beyond its stipulated term of 20 years. 2005 passed the Patents (Amendments) Bill 2005. were recognized. specifically in the field of pharmaceutical products. 2004 .6 New Patent Regime in India India became a member country of WTO in 1994. The number of patent applications has greatly increased in India since then: it stood at 4. The bill was passed in compliance with India's commitment to the World Trade Organization's Agreement on Trade-related Aspects of Intellectual Property Rights. This enabled the growth of a strong local generic drug industry. which was a part of WTO agreement. The first revision in 1999 introduced Exclusive Marketing Rights for the patent holders of drugs or medicines xv. . India being a developing country was given a grace period of ten years . since 1970. After a lot of debates and deliberations. India amended the Patents Act 1970 twice. 1995 to December 31. Indian Parliament on March 23.to fully comply with TRIPS requirements. had a Patent law that was proclaimed by many as a model for other developing countries. One of the important factors that contributed to the growth of Indian pharma industry was the fact that The Patent Act 1970 did not provide for monopoly rights in the area of drugs and agro-chemicalsvii. With the third amendment of The Patents Act 1970 in March 2005 by the Indian government. Safeguards are built in to prevent “ever greening” of patents xiv. and not product patents.) 1.924 in 1999-2000 and 8. in the year 1999 ix and in 2002x again to comply with the WTO requirements of TRIPS agreement. Indian pharmaceutical companies were prohibited to market a generic drug .January 01. The Indian Law stressed on the obligations of the Patent holder and had strong provisions that prevented the abuse of the Patent holder's monopoly rights.

Source: Impact of the Intellectual Property System on Economic Growth. and the number of domestic patents granted outstripped the number of patents granted to foreign applicants for the first time in 2004-2005. WIPO Report ii. WIPO Report ii. which reflects the impact of the IP system on the economy.Fig.Source: Impact of the Intellectual Property System on Economic Growth. It suggests that TRIPS is also effective in domestic IP creation. 1: Annual Pattern of Patent Filing in India* * . R&D expenditures and GDP have increased more sharply since 2003. The number of patents granted has greatly increased since 2003. The second revision of Indian patent law in compliance with TRIPS was in 2002 and this extended the term of a patent. . Fig 2: GDP growth%* * .

The third revision of Indian patent law in compliance with TRIPS was in 2005 and this introduced a patent system for substances xvi. This suggests that the introduction of the patent system for substances has had an effect on IP creation. The number of patent applications has greatly increased in India since 2005 (Fig.Source: Impact of the Intellectual Property System on Economic Growth. WIPO Report ii.8 Effect of New Patent Regime on Research Based Industries ii . Fig 4: Relationship between Patents Filed and R&D Expenditure* * . 1.Fig: 3 Patents Granted to Indian and Foreign Companies* * . which suggests that R&D is closely related to IP protection. WIPO Report ii.Source: Impact of the Intellectual Property System on Economic Growth. The trend in patent applications has been very similar to that for R&D expenditures since 1999. 1).

This suggests that TRIPS has had an effect on economic growth as well as the creation of IP in Wipro. and it is a leading technology-based industry. This suggests that TRIPS has had an effect on economic growth as well as on the creation of intellectual property in these companies. Reddy’s Laboratories between 1995 and 2005.8. . Reddy’s Laboratories have spent heavily on R&D and received high revenues as well as making numerous patent applications. Wipro is representative of the IT field.1 The Pharmaceutical Industry The pharmaceutical industry today is the top-ranked science-based industry in India with wide-ranging capabilities in the complex field of drug manufacture and technology. Ranbaxy and Dr. These two companies have applied for many patents. (259 & 205 patent applications were filed respectively by Ranbaxy and Dr. Since 1995. It is active in the areas of patent application and R&D.) Intellectual property has been one of the most important factors for the current success of these two companies. The company has achieved significant global sales and high revenues as well as making multiple patent applications since 1995. 1.1.2 The Information Technology Industry The IT industry in India is recognized globally. Reddy’s Laboratories are representative of the pharmaceutical field. Ranbaxy and Dr.8. The patent system is expected to be very important for the industry. Every effort is being made by the industry and the government to safeguard this situation in a manner conducive to respecting the IPRs of others and exploiting their own intellectual property.

0 Patent Infringement and Litigation in India .Chapter 2.

In India. Hyderabad.1 What Constitutes A Patent Infringement?xxii A patent granted to a person bestows exclusive right to the person to make. on Oct 12.681. and are therefore restricted to a country that grants the patent.995 protect Atorvastatin. the product or the process is scrutinized to see if the product or the process . Sections from 104 to 114 of the Indian Patents Act 1970 provide guidelines relating to patent infringement. 1990. To determine patent infringement. firstly a product or a process is analysed and compared with all relevant patents that may claim an invention similar to the product. any infringement may be a source of income by way of damages/ settlement if the patent is knowingly or unknowingly infringed by an individual or a company. paid U. Matrix Labboratories Ltd. distribute. Patents are jurisdictional rights. Secondly. selling of any patented invention within a jurisdiction.273. 2. Significant revenues may be generated by out-licensing the patents and through sales of products protected by patents. better known as Lipitor. mortgage.893 and 5. or importing into the jurisdiction of any patented invention during the term of a patent. If the patent holder is vigilant enough. U.567 to Polaroid in a patent infringement case and almost went bankruptxx. Patents are analogous to Real-estate properties. 2005 Medtronic. For example. Patent infringement occurs when a product infringes one or more patentsxxiii. offering for sale. In one such example.7 billion in 2007 xvii. using. it is simply amazing how much an invention can generate. the world’s largest medical technology company. By way of another example. Violation of the exclusive rights of a Real-estate property by someone who unlawfully uses an area of the real-estate property is called encroachment. Eastman Kodak had to pay U. patent litigations have also cost millions of dollars to companies in legal expenses and awarded damages due. University of California generated more than $500 million in last five years in patent royaltiesxviii. In terms of money. Patent infringement is the unauthorized making. potential patent infringement by them or their competitors. Similarly. Both grant exclusive rights to the owner. Roth. Patents provide protection to these innovations and grant exclusive rights to the innovator to practice his/her invention. 95 crore towards settlement of a potential patent infringement suit with a multinationalxix. an encroachment upon the invention patented by the owner is called "infringement". in India. on April 22.S Patents 4.S $909. or sell the invention. invented by Bruce D. Thus. received lump sum of Rs.Companies around the globe thrive on technology and innovation for their success. it is extremely important for companies to check. In another example.S $1. Presently Lipitor is the largest selling drug in the world accounting for sales of $12.35 billion to settle a patent lawsuitxxi.457. it is not only important to protect innovations through patents. On the other hand.

these patents should be enforced by the company. To reap complete benefits of patent system. In the most basic definition. market share. The company should also make sure that none of its products and/or processes is infringing patents granted to others. a person A holds a patent for a device and a person B manufactures a device which is substantially similar to the person A’s device. 2.‘reads on’ one or more patents and is substantially described by the claims of the one or more patents.g. sold. This is important because.2 Indirect patent infringement ‘Indirect patent infringement’ suggests that there was some amount of deceit or accidental patent infringement in the incident. if that product infringes on some patents. The person B is supplied with a product from a Person C to facilitate manufacturing of the person B’s device. 2.1.2 Detecting patent infringement Determining patent infringement is very crucial for a company. patenting an invention or a product is not the last stop. it may lead to ‘contributory patent infringement’. 2. A company may hold patents and may have products and/or processes in the market which may be protected by these patents. direct patent infringement occurs when a product that is substantially close to a patented product or invention is marketed. A direct way to determine patent infringement is to keep a market watch for all patents and related products released in the market in a particular technology domain. the company should make sure that competitor’s products and/or processes are not infringing on their patents and are not damaging the company’s revenues. in the above example if the person C knowingly supplies the product to the Person B then the infringement is construed as ‘contributory patent infringement’. then the company may end up incurring significant financial losses in the litigation process due to the infringement.1.1 Direct patent infringement ‘Direct patent infringement’ is the most obvious and the most common form of patent infringement. However. However. then the person C indirectly infringes the Person A’s patent. .3 Contributory patent infringement Further. and market position. For example. or used commercially without permission from the owner of the patented product or invention. Thus. 2.1. for e. if such a product is knowingly sold or supplied. There are three basic types of patent infringements. in such a scenario the company may have a product and/or a process in the market which has breakthrough invention at its core and generates a significant amount of revenues for the company. If the device so manufactured by the person B infringes on the Person A’s patent.

the company can avail some patent analytic services to create a patent portfolio for the company. which will include all product brochures or promotional materials. instructions or directions for use. It is advisable to establish validity of the patents before filing a patent infringement suit against a competitor. so that the competitor never launches the product in question. which highlights the features. . Secondly. before filing a patent infringement suit. For example. if the company has a huge number of patents across various technological domains. a detailed analysis should be performed to establish patent infringement. in fact it is merely enough even if the product or process in question is found to infringe even a single claim of the granted patent. because. to save litigation costs. and product packaging. especially. and its market share will be at stake.3 Steps to establish infringement Having detected that one of the patents of the company might be infringed by a competitor’s product or process. All these products can then be closely examined to determine what features of these products read onto the inventions patented by a company. The product or the process need not infringe all claims of a granted patent. should be compared with patents that are being infringed. the company should keep an eye on all the published patent applications of its potential competitors. 2. web site pages. it is very essential to get an invalidation search conducted for the patents to evaluate the strength of the patents. The usual strategy of a defendant will be to try to invalidate the patent in question and if the defendant succeeds in invalidating the patent. then the litigation suit will have to be withdrawn. To perform this analysis. Therefore. To facilitate this. the company may incur significant legal costs and also market prestige. This gives an early idea about competitor’s moves and helps the company prepare in advance to take further appropriate action. The infringement analysis may be depicted in the form of a claim chart. A comparison with the company’s patent portfolio may establish that some of these anticipated products may infringe on one or more of its patents. a complete description of all products or processes of a competitor.especially for competitors. advertisements. the company may try to invalidate / oppose the patent/patent publication beforehand. if a competitor succeeds in invalidating the patents in question. of a competitor’s product or process that read onto one or more claims of the patents granted to the company. This can be done by doing a patent-watch in the technology area and by analysing the patenting activity of competetors in last couple of years. position. The portfolios generated using patent-watch help in anticipating the product that a competitor may be launching.

2 below shows the hierarchy of courts in patent infringement cases. if the defendant files a counterclaim against revocation of the patent. disputes relating to ownership of patent. contractual disputes of assignment of patent right. 1 below shows the hierarchy of courts in patent administrative cases. 1970.2. These types of cases include dispute on grant of a patent. patent contractual disputes. In patent administrative cases. patentee or patent assignees pursue damages against wilful infringement conducted by the alleged infringer. Source – Patent Infringement and Litigation System in India xxii Fig. along with the counter-claim. then the suit. the Indian Patent Office is the defendant. . Fig. and compulsory licensing.4 Indian Patent Legal System The courts in India receive (a) Patent Administrative Cases and (b) Patent Infringement Cases. and dispute relating to the revocation of patents. Regarding the disputes pertaining to infringement. As regards to the administrative cases the appeal is made to the Appellate Board under Sec. In patent infringement cases. 117-A of the Patents Act. Section 104 of The Indian Patents Act 1970 states that the patent infringement suit shall not be instituted in a court lower than District Court in India. patent invalidation and upholding. shall be transferred to the High Court for decision. patent licensing. disputes regarding patent rights or right for application. Further. These cases include infringement of patent.

taking into consideration evidences. If either the plaintiff or the defendant are not satisfied. Mumbai. provided the infringement is established xxiv. A specialized forum. The IPAB also has exclusive jurisdiction on matters related to revocation of patent and rectification of register. which is followed by a reply to the suit by the defendant. The IPAB in its sole discretion may either proceed with the appeals afresh or from the stage where the proceedings were transferred to itxxv. Delhi..Source – Patent Infringement and Litigation System in India xxii 2. The IPAB is the sole authority to exercise the powers and adjudicate proceedings arising from an appeal against an order or decision. all the cases pertaining to revocation of patent other than a counter-claim in a suit for infringement and rectification of register pending before the Indian High Court shall be transferred to the IPAB. Kolkata and Ahmedabad. Also. they can approach the High Court under Article 226/227 and further to the Supreme Court under Article 32. Provisions related to IPAB were introduced into the Act in 2002 and are enforced now. In India only High Courts have the power to deal with matter of both infringement and invalidity simultaneously. 2007. i.136.or 142. Intellectual Property Appellate Board (IPAB) has now been established. all pending appeals from Indian High Courts under the Patents Act were to be transferred to the IPAB from April 2.5 Patent infringement disputes in India Patent infringement disputes in India starts with a suit that a plaintiff files in the District Court. a hearing is held as per the Patent Rules 2003 in the District Court.e. Subsequently. 2.133. In case of a counter-claim in a suit for infringement. the Indian High Court continues to be the competent authority to adjudicate on the matter. The IPAB has its headquarters at Chennai and has sittings at Chennai. After considering the defences put forth by defendants the District Court decides the dispute and award the damages or prescribe the penalties. scientific expert’s testimony. . as shown in fig. Also. statements of the witness etc.

.7 Injunction Injunction is as an equitable remedy in the form of a court order. there is an infringement.6 Patent claim infringement As described above. 1908. a right to obtain provisional damages requires a patent holder to show the following xxvi:  The infringing activities occurred after the patent application was published. certain acts. no infringement action may be started until a patent has been granted. and  If the defendant’s process or apparatus is either identical or comes within the scope of the plaintiff’s process or apparatus. Hindustan Metal Industries’xxvii:  Read the description and then the claims. An injunction may be preliminary or permanent. or imported in India any invention that has been patented in India. or to refrain from doing. Nil Kamal Plastic Crates Ltd (Defendants) xxx. the plaintiff has to fulfil the following criteria xxix:  Establish his case only at a prima facie level.  Demonstrate irreparable injury if a temporary injunction is not granted.  Find out what is the prior art.e. and  Demonstrate that the balance of convenience is in favour of the plaintiff (i.  List the broad features of the improvement. Preliminary (temporary or interim) injunction and permanent injunction are provided under Order 39.  What is the improvement over the prior art. For the court to order an injunction.  The patented claims are substantially identical to features of the process or the product infringing the patent. A preliminary injunction is a provisional remedy granted to restrain activity of a defendant on a temporary basis until the Court can make a final decision after trial and a permanent injunction is one which is granted after the trial xxviii. and  The infringer had actual notice of the published patent application. 2. whereby a party is required to do. In India. the plaintiff will be more disadvantaged because of the non-grant of the injunction or that the defendant will be disadvantaged because of the grant of one). In Dhanpat Seth & Others (plaintiffs/ patentee) Vs. the plaintiffs solicited grant of permanent injunction restraining the defendant from infringing Indian Patent No. The Supreme Court of India has laid down the following guidelines to determine infringement of a patent. sold. i. patent infringement may occur where the defendant has made.  Compare the said broad features with the defendant’s process or apparatus. Rule 1-2 of Code of Civil Procedure. Permanent injunction is granted only after the trial when the Court concludes that the defendants’ product infringes the plaintiffs’ patent. the plaintiff has to show that he has some possibility of success and that his claim is not vexatious. based on ‘Biswanath Prasad Radhey Shyam v.e. In India. used. .2.

As the case progressed the defendants successfully proved to the Court that the Kilta (patented article of the plaintiffs) is a mere imitation of traditional Kilta made by bamboos and has been in use since times immemorial.1 Methods on judicial procedure  Concerned parties. granted in their favour on July 11. plaintiff and defendant.  Either the plaintiff or the defendant may appeal to the Appellate board against the decision of the Controller and other matters within three months from the date of the decision. If the defendant is accused of infringing a process patent. 2. the party who is accused of infringement is responsible for providing evidences for the manufacture process of such product. 2005.  The parties are required to exchange the evidence before the trial begins. Thus.8 Procedure followed by judges in patent infringement cases in India xxii In India judges of District Courts. During trial. The limitation period for the suit starts from the date of infringing act and not from the date of the grant of the patent. as) and the patent in question was revoked.  Every party is entitled to know the nature of his opponent’s case. Described below are general methods used by Indian judges in deciding such type of cases: 2. 1970 confers powers of a Civil Court on the Controller in following matters:  The Controller can summon and enforce the attendance of any person and examine him on oath. the Court not only rejected the plaintiffs request for permanent injunction but also revoked the Indian Patent No. In other words. parties concerned are required to verify and cross-examine disputed facts and evidences. Section 77 of the Patents Act. The limitation period is defined by the Section 40 of the Indian Limitations Act.  The plaintiff should bring the suit in the court within three years from the date of infringement (which is called the limitation period). 195917. then reversal of burden of proof is implemented. the plaintiff was not able to establish the case (at a prima facie level.  The Controller can receive evidence on affidavits from the plaintiff or defendant. As a result. .8. When the plaintiff accuses the defendant of infringement. The Controller can direct and obtain the documents from plaintiff for handing it to defendant or vice versa. the plaintiff is responsible for providing the proof.195917. High Courts and Supreme Court deal with patent infringement cases. are notified in advance of the judicial rights and the judicial obligations they shall comply with during lawsuits.

b.8. He may also allow any party to be cross-examined on the contents of his affidavit. 2. The Controller may also accept documentary evidence unaccompanied by an affidavit. . The actual economic loss incurred to the patentee due to infringement is considered as the amount of compensation against such a loss.  The Controller can be requested to review his decision. the contents abandoned by the patentee can no longer be used against the party accused of infringement.  The Courts may apply the Estoppel Principle in patent litigation. and c.2 Facts finding and application of substantive law xxii  To make conclusions for infringement actions against patents. b. Relevant technical characteristics of products which are accused of infringing the patent is determined. and  The Controller also has the power of taking oral evidence. In such circumstances. and c. the courts generally adopt the following steps: a. The protection scope of patent right are determined. the Controller is empowered to issue Commissions for the examination of witnesses or documents. However. The arithmetic formula could be expressed as: profit obtained from each piece of infringed product X total number of infringed products sold = infringement profit. A reasonable amount not less than the royalty of patent licensing is regarded as the amount of compensation against such a loss. the affected party should make a request to set aside an order. The essential technical characteristics of the claims of the patent and that of the products accused of infringement are compared. during prosecution.  To calculate the amount of compensation for losses due to patent infringement. This can be done by filing form 24 along with the prescribed fee within one month from the date of communication.  The Controller can award costs which are reasonable with regard to all the circumstances of the case.  The Controller can set aside an order passed in absence of any party at the hearing. This can be done by filing form 24 along with prescribed fee within one month from the date of decision. During the proceeding of suit some people are exempted from appearing in person. the court uses following methods: a. In other words. The total profit obtained by the infringer through infringement is regarded as the amount of compensation against such a loss.

it results in better combustion in a comparatively shorter duration of time leading to reduction in emission and improved fuel consumption while maintaining the predetermined level of performance. 2.2005. marketing. (hereafter referred to as Bajaj) filed a patent litigation suit against TVS Motor Company Ltd. However.9.  Combustion of lean air fuel mixtures. (hereafter referred to as TVS) in court.07. including the proposed 125-CC FLAME infringes on one of Bajaj’s granted Indian Patent No. there was no opposition filed by anyone including TVS either before or after the grant of patent. According to Bajaj the essential features of its invention are:  Small displacement engine as reflected by a cylinder bore diameter between 45 mm and 70 mm. TVS Motor Company Ltdxxxi. offering for sale or exporting 2/3 wheelers.  Using a pair of spark plugs to ignite the air fuel mixture at a predetermined instant. However.2. which was published in Issue No.2005. was never thought of or implemented in the automobile industry.1 The case In 2007 Bajaj Auto Ltd.2002 and the patent was granted on 07. selling. Further.9.07. 2. according to Bajaj. Bajaj stated that TVS using 3 valves in the engine does not dilute the infringement as the number of valves is not an essential feature of its invention. According to Bajaj. 28/2005 dated 29. Bajaj argued that the TVS. The Bajaj’s invention which is called "DTS-i Technology" is a step of providing a second spark plug in a small bore engine running lean. The use of two spark plugs in large bore engines or in high performance/racing bikes was known in the Automobile industry. 195904 before Indian Patents Appellate Board (IPAB). Vs. they invented a unique technology of using two spark plugs for efficient burning of lean air fuel mixture in a small bore engine in the size between 45 mm and 70 mm.5mm and combusting lean air fuel mixture infringes its patent.9 Case Study: Bajaj Auto ltd. In counter-attack. the above invention of the Bajaj was not known. 195904 in respect of a patent application titled "An Improved Internal combustion engine working on four stroke principle" with a priority date of 16th July 2002.5mm x 53. TVS argued that the use of two spark plugs in an IC engine with three .07.s 4 stroke combustion engine in small bore lean burn engine of size 54.9. According to Bajaj.3 The arguments Bajaj argued that they applied for the grant of the patent on 16. TVS questioned the validity of Bajaj’s patent just 7 days before the launch of its proposed 125-CC motorcycle by filing an application for revocation of Bajaj’s patent No. Bajaj alleged that CCVTi technology used by TVS in manufacturing. 2. 195904.2 The technology Bajaj was granted Indian Patent No.

the court ordered that TVS shall not receive any further booking for TVS Flame containing the disputed engine technology patent. The court also allowed TVS the liberty to deliver the already booked TVS Flame motor-cycles provided they maintained accounts for the motorcycles so delivered. 4534322. TVS further argued that in order to avoid the said situation.4 The verdict In this case Madras High Court denied injunction against TVS. .valves was well known in the art and that Bajaj cannot seek patent for the use of two spark plugs in an IC engine. TVS also added that Bajaj’s claim is two spark plugs with two valves. Along with US Honda Patent No. 2. TVS also argued that Bajaj had full knowledge that US Honda patent did not have any such limitation. However. whereas its technology is about having two spark plugs with three valves.9. Bajaj misled by introducing a limitation of bore size to the US Honda patent. TVS cited number of prior arts against Bajaj’s "DTS-i Technology" in an attempt to revoke Baja’s patent.

0 Freedom to Operate .Chapter 3.

useful for the treatment of hair loss. as third parties may have patent coverage that dominates the patentee’s position. the latter of which is generally referred to as “freedom to operate.g. the patentability of an invention is different from the ability to practice it. Accordingly. A chemical example is depicted below. what actual science was performed). the proposed product would infringe the ’567 patent without a license. or sell the claimed invention—in other words. Company D needs a license from Company C in order to do so. it does not give the inventor the right to make.As life sciences companies develop their patent portfolios. used. having a patent does not guarantee that the patentee can exploit it. because the proposed product includes H at the R1 location and a substituted aryl at the R2 location. It is important to note that the claims of a patent determine what can or cannot be made. Within the life sciences industry. They must also be able to use their inventions to make and sell products. Fig. A few simplistic analogies are appropriate. however. or selling a claimed invention. using. or sold. Company D wants to sell Drug X in combination with its own Drug Y. they come to realize that being able to patent their inventions is only the beginning. 1: Example elustrating Freedom to Operate In the above example. a particularly common mistake in evaluating a competitor’s IP portfolio is to focus on what the patentee did (e. use. Thus. A patent grants an inventor the right to exclude others from making. This can lead to a number of problems because it is not what the patentee does that counts but what it claims in its patent. An additional example worth noting is in the area of combination patents. useful as a chemotherapeutic.” . the proposed product falls within the scope of claim 1. Company C has a patent to Drug X..

dictionary definitions. does the term “aryl” include the fused heteroaryl at R2? This requires an analysis of the term “aryl. A few visual examples are presented to explain the general concepts—in each case.2.g. a company licenses the patent. Examples of infringement and invalidity analyses are provided later in this chapter.1 Infringement Analyses As seen before the Infringement can take place in several ways. . the company may rely on non-infringement of some claims of a patent and invalidity of other claims). 3. and the like. For example. enablement. other patent holders).  Direct Patent Infringement  Indirect Patent Infringement  Contributory Patent Infringement The first step in such an analysis is to determine whether the proposed product(s) or method(s) infringe the third-party patents. Again. In one instance.g.. written descriptions. final FTO status comes after adjudication. that the invention is patentable. in which a court finds either no infringement of the third-party patent or that the third-party patent is invalid. in which case such company knows it will not be sued for infringement.2 Freedom to Operate Analysesxxxiii. and nonobvious—and that the specification meets the requirements of Section 3 and 10 (including definiteness.1 What Is Freedom to Operate?xxxii Freedom to operate (FTO) is the ability of patentee to develop. the file history of the patent. and best mode).2.” then infringement is unlikely. if we take the example (Fig. A truly determinative FTO finding only comes under two circumstances. the infringing compound must have a claimed feature of the patented compound. and thus not necessarily exemplary.2 Invalidity Analyses Invalidity of a claim requires that the claim does not meet at least one of the statutory requirements of a patent—namely. a paper. xxxiv 3. The examples below are relatively straight forward. make.3. In the other. and market products without legal liabilities to third parties (e. In some cases. a company will rely on both reasons (e. If the term “aryl” is distinct from the term “heteroaryl. 1). the proposed product does not literally infringe the ’567 patent due to the difference in the methyl and propyl groups. In this example. Each example that follows underscores the importance of understanding the claim terms. novel. 3..3 Invalidity Based on Novelty: Anticipation An invalidity analysis begins with a structured search for one or more references that were publicly available prior to the priority date of the patent.2. 3.” taking into account the description and/or definition in the specification of the patent.

Thus. for example. Patent No. it does not anticipate the claimed compound. 1: Example elustrating Invalidity Based on Novelty: Anticipation The priority date for the application that matured into U. if the homolog has unexpected properties (e.3 Why Are FTO Analyses Conducted?xxxv.g. lower toxicity. is obvious over the known compound. differing by only a single carbon atom. but under the Hass-Henze doctrine. and so forth).patent.. the ’567 patent is invalid as anticipated by the disclosure of Early et al. picking the path with the least third-party IP is desirable so as to avoid potential litigation or licensing royalties. appeared in the Golden State Journal of Chemistry on January 1. Note. Since Early et al. the value of the patent assets is determined in large part by the ability to practice the claimed technology. a homolog of a known compound. FTO analyses can also be used in “research tree decisions.234.” in which several potential research paths are technologically feasible. Following table gives a preview as to how a well worked out FTO analysis can help.. Generally.567 is March 15. It is also important to perform an FTO analysis prior to the acquisition of patent assets.S. Particularly in the case of life sciences companies. 3. FTO analyses often occur prior to start of a project. however. . that there can be exceptions to this rule. 3.4 Invalidity Based on Obviousness In this example.2. the claimed compound may not be obvious over the known compound. xxxvi FTO analyses are conducted for a variety of reasons and by different parties. disclosed a compound that is within the scope of the claims of the ’567. Early’s compound differs by only a single carbon atom. Fig. 1989. such as an in-license or acquisition of a company or division. 1988. better half-life.authored by Early et al. 1.

by Antole Krattiger.1 Freedom to Operate. logical. and carefully documented. An important initial step in a thorough FTO analysis is the completion of the following preparations:  Assembling the FTO team .4 FTO Analysis Preparations: Overview xxxvii The FTO analysis must be organized. methodical. in Handbook of Best Practices xxxiv 3.Table 1. Public Sector Research. 14. and Product-Development Partnerships: Strategies and Risk-Management Options. meticulous. Strategic FTO options Source: Cha.

and FTO question-formulation stages of an FTO analysis. for example. due diligence is required. data accumulation. set-up.5 Due Diligencexxxviii During the preparation. or assiduity. and ordinarily exercised by. through its German distributor to perform a due diligence evaluation to clarify whether the client will be free to sell four medical product lines in view of any existing third party patent rights in the European market. the fundamental FTO principles and procedures remain unwavering for each of these. a reasonable and prudent person under the particular circumstances. due diligence necessitates a methodical approach. Patent counsel can then draw upon this analysis to formulate either one or a series of FTO opinions. [Due diligence is] not measured by any absolute standard. such that all forms of IP and TP rights are garnered.6. Analysing. lab records. but depends on the relative facts of the special case.The Business Development Company GmbH (“BDC”).1 The Case A Chinese producer of medical supplies (the “client”) has asked BDC . 3. and assembled into a coherent document. Switzerland. a Microsoft Excel spreadsheet. Patent and Trademark Office (PTO) information (file wrappers and disclosures)  Remaining aware of the 18-month “period of silence”  Maintaining due diligence throughout the FTO analysis Though the materials. so as to lay a solid foundation from which a reliable FTO analysis can be developed. In order to identify relevant third party patent rights for the client’s products in . and computer files  Formulating the series of FTO questions  Selecting scientific databases  Selecting patent databases  Understanding U.” From a practical standpoint. a series of sound FTO questions can be formulated. organized.6 An Explainatory Case Studyxxxix 3. as is properly to be expected from. 3. by following this FTO analysis blueprint. The answer? When one finds oneself treading the same ground. is “Such a measure of prudence. The question often arises. then the requirements of due diligence are satisfied.S. as to how much diligence is enough. and dissecting the technology  Assessing plant pedigrees  Recognizing technical considerations  Interviewing the researchers  Locating notebooks. methods. activity. understanding. Due diligence. Hence. broadly defined. and tools used may be dissimilar from technology to technology.

Only two patent applications were found for the devices of the second product line. three patents and four patent applications were evaluated in detail by the client and BDC to determine a strategy for designing the concerned devices around these patent rights. More than 1’000 patent documents in the field were screened and related patent documents that claimed defined search features implemented in the client’s devices were identified. the legal status and the geographical coverage of the remaining patents and patent applications were determined. Finally.4 Formal FTO Opinion However. the list should include:  Possible pertinent patents. For example. related patents in the business field were identified.Europe. A comprehensive checklist of what must be established during the early stages of the FTO analysis serves as a helpful tool. if they will be granted. if marketed in certain European countries. 3. including their prosecution and/or litigation status . a legal status and patent family analysis of the related patent documents was performed in order to exclude patent documents that are not in force anymore. thoroughness. 3. Consequently. a detailed freedom to operate analysis was performed by comparing the claimed features of the relevant patents and patent applications with the features of the client’s medical devices of each product line. as two critical patents will expire within the next months. the client seems to be free to commercialize the devices of the first product line in due time. a search strategy was mapped out and conducted in patent databases.6. Potentially critical valid patent claims were evaluated in a second step. Now the client and its distributor have a solid basis for commercializing their products in Europe without running the huge risk of being sued for patent infringement. 3. Thereby.6. Based on the documents and product information provided by the client.7 Conclusions The preparations for an FTO analysis will determine the quality of the final work product. the prosecution of these patent applications was analyzed to determine the potential scope of protection.3 FTO Analysis In the last step. The analysis yielded 11 third party patent rights in total that might be infringed by the client’s devices. This step lead to 50 relevant third party patent rights.2 FTO Preparations In a first step.6. 3. Organization. In addition. and meticulous documentation will all combine to contribute to a successful outcome. patent documents with valid claims protecting features that are likely to be implemented in the client’s medical products have been evaluated in three steps.

. Patent applications  Third-party trade secrets. Consistent records of all searches and search terms must be documented and organized. or technology-use licenses. This should include:  Spreadsheets of all FTO search results  Records of search terms used  Databases searched  Interviews with researchers. noting conditions and restrictions appurtenant) And finally. the later steps in the FTO analysis should proceed with a minimum of problems. it is imperative that all records are properly maintained. with notes  Notes and annotations by patent counsel Having spent the early phases of the FTO analysis with the disciplined rigor laid out in this chapter. Diligence will pay off in the end with a solid and reliable FTO analysis that can be routinely updated and revised and that can also provide patent counsel with the requisite information for drafting FTO opinion letters. including whether they might have been misappropriated  All third-party IP rights  All research tools used to make the agri-biotech product or pharmaceutical innovation  Any agreements (for example. trade secret licenses.

Chapter 4.0 Endnotes .

The Patents (Amendment) Act. published on June 25. pp 177 – 187. Post-2005 TRIPS scenario in patent protection in the pharmaceutical sector: The case of generic pharmaceutical industry in India.sci-techtoday. “Proponents maintain that the IP system is an effective way to enhance creativity. 2002 Praveen Raj R.ipfrontline. "India moving to a Strong Patent Regime -Challenges & Concerns". The Patents (Amendment) Act.org/index.patentmatics.task=cat_view&amp. Amit Sen Gupta states: “India.Some Reflections.pdf ii iii iv v vi vii viii ix x xi xii xiii xiv .pdf. A report by The Coimbatore District Small Scale Industries Association. Indian Patent Law and Pharma Industry. which. Tomoko Miyamoto Journal of Intellectual Property Rights. WTO. Trivandrum. 1999.the Indian drug industry developed to become the strongest and most self-reliant industry in the developing world. 1999 and entered into force from Jan. The Patents (Amendment) Act. Scientist -IP management.2006.pdf.in/ipr/patent/patent_2005. available at http://phm-india. 2005. Special amended provisions for pharmaceuticals. 15.com/story.aspx? id=11882&deptid=6. Dr.in/ipr/patent/patent_2005. Philipe Baechtold. its efficacy as a means to achieve economic development is still to be confirmed. Vol 10. available at http://ipindia. 2005 (15 of 2005). 1970.” Gazette of India.nic. The Indian Law stressed on the obligations of the Patent holder and had strong provisions that prevented the abuse of the Patent holder’s monopoly rights.. Ministry of Law and Justice. Agreement on Trade-Related Aspects of Intellectual Property Rights Annex 1C (entered into force on Apr.nic. May 2005.i Indian Patent Law . deleting product patenting (retaining process patenting). which helped the National pharma industry to grow at a double digit pace have already been discussed and debated widely. 2005 and published on April 5. The price of the grant of the monopoly is the disclosure of the invention at the Patent Office.com/depts/article. available at http://www. available at http://www. 2007).gnaipr.nic.xhtml?story_id=31764 Biswajit Dhar. promote technological innovation. available at http://www. Gopakumar Nair states: “Provisions of the 1970 Act. Trade Related Intellectual Property Rights . published on March 26.Itemid=15. 3. Regional Research Laboratory.iprsonline. virtually kept pharma patents out of protection and open for commercialization for anyone at will. had a Patent law that was seen by many as a model for other developing countries. available at http://www.S. Some developing nations questioned whether the IP system is the most effective and appropriate way to fuel the economy”. 2007). 2005. published on April 5. available at http://www. reduction of patent protection period from 14 years to 7 years (from date of application) and 5 years (from date of sealing) in the Patent Act. received assent of President on April 4. 2005 and entered into force from January 1.pdf (last visited Sep. Mr.gid=59&amp.pdf Gazette of India. 3. The results were clear . entered into force on January 1. (last visited Sep. The Patents (Amendment) Act.PDF.wto. 1994). 2005 Health Groups Criticize India's New Drug Patent Law. A report by University of United nations and World Intellectual Property Organisation. introducing Licences of Right.in/ipr/patent/patact_99. liberal Compulsory Licensing provisions. 1995 Gazette of India.com/Articles/Indian%20Patent %20Law%20and%20Pharma%20Industry.org/unctadictsd/docs/Dhar%20Indian%20Pharma%20November06. new technology and industrial progress. accessed at http://www.nic. International Patent law harmonisation – A search of right balance.org/english/docs_e/legal_e/27-trips. 2005. The object of patent law is to encourage scientific research. passes into the public domain. available at http://ipindia. However. since 1970.patentoffice.org/pub2005/pub10b. accessed at http://www.doc “India harmonized its patent law with patent regimes in most of the countries in compliance with the provisions contained in TRIPS Agreement”.pdf .php? option=com_docman&amp. 2002 and entered into force from May 20. after the expiry of the fixed period of the monopoly.” Indian Patent Act – Jeopardising the Lives of Millions.in/ipr/patent/patentg. The Gazette of India. Impact of the Intellectual Property System on Economic Growth. 01. improve trade and enhance competitive positioning. Of particular importance was the fact that the Indian Patent law did not provide for monopoly rights in the area of drugs and agro-chemicals. 2002. available at http://ipindia.

combinations and other derivatives of known substance shall be considered to be the same substance. available at http://www.aippi. on 3 August.ipproinc. complexes.wordpress. C. Explanation.) the cause of action must have arisen in a place within the jurisdiction of the court where the suit is to be filed. unless they differ significantly in properties with regard to efficacy" xvi xvii xviii http://en.35 Billion. 2006. polymorphs.org/content/view/200/1 xxix Chapter XVIII. either damages or an account of profits. government than any school in the country. machine or apparatus unless such known process results in a new product or employs at least one new reactant.lawyersclubindia.Sukumar. pure form. available at http://intellectuallylegal. Atul Dixit and Ankush Bedi. particle size.com/admin/uploads/Patent_Infringement_and_Litigtion_in_India_57. Vol 5. where the defendant counter claims revocation of the patent the suit along with the counter claim will be transferred to the High Court”. 2005 http://www.com/sc/BISWANATH-PRASAD-RADHEY-SHYAM-Vs-HINDUSTANMETAL-INDUSTRIES-806.” Sect. Intellectual Property Report.S.org/ doc/107067/ . where the constitutional right to health or public health concerns arise. it shall be presumed that monetary damages will be a sufficient remedy for infringement. isomers. mixtures of isomers. Patent Act (Amended). available at http://www.pdf Patent Infringement in India.xv Chapter IVA of The Patents (Amendment) Act. available at http://keionline. in any suit for infringement of a patent relating to a drug.wikipedia.—For the purposes of this clause. the university has generated about $500 million in patent revenue in the past five years. unless the patentee can show the existence of an extraordinary circumstance where monetary damages are inadequate and where the plaintiff will suffer irreparable harm if an injunction is not granted" xxx Dhanpat Seth And Ors.1970.P.org/wiki/Atorvastatin http://www.htm Medtronic Settles Medical Device Patent Litigation Against Doctor For $1. However. the jurisdiction is governed by the Civil Procedure Code (C. ethers. available at http://www. Isuue 48. Asia Africa Intelligence Wire.asp xxviii India limitations on injunctions.com/kodak0. esters. May 2005.R.bustpatents. And by licensing out its intellectual property. salts. by Walter Egbert.htm Patent Infringement and Litigation in India.rkdewan.com/editorials-intellectualproperty-appellate-ipab.wordpress.pdf xix xx xxi xxii xxiii xxiv xxv xxvi The role of equivalents and prosecution history in defining the scope of patent protection by Samaresh xxvii Biswanath Prasad Radhey Shyam Vs. Peter Latmen states “It receives by far more patents from the U. http://www.indiankanoon. which is three years from the date of infringement.com/blog/2007/11/impunity. Hindustan Metal Industries.org/download/commitees/175/GR175india. vs Nil Kamal Plastic Crates Ltd. available at http://www.patenthawk. at the option of the plaintiff. metabolites.C.]” Patent infringement suit: Matrix Labs set to get Rs 95-cr settlement.com/2010/08/15/patentinfringement-in-india/ Patent Infringement in India.bakerbotts.jsp Chakraborty available at https://www. 3(d) “the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process. [earning $193. A suit for patent infringement is required to be filed in a district court having jurisdiction to try the suit. available at http://intellectuallylegal.html. 1999 provides grant of Exclusive Marketing Rights (EMR) for a period of 5 years if the product in these applications is granted patent by any of the WTO member countries. February 12. 108(1): "Provided that.com/2010/08/15/patentinfringement-in-india/: states that “Indian Limitations Act governs the period of limitation for bringing a suit for infringement of patent.com /file_upload/EgbertArticle.5 million last year alone. Sect 108 (1) “The reliefs which a Court may grant in any suit for infringement include an injunction and. Intellectual Property Appellate Board.

and Product-Development Partnerships: Strategies and Risk-Management Options. By Ian Cockburn available at http://www. Public Sector Research. The Intellectual and Technical Property Components of Pro-Vitamin A Rice (Golden Rice): A Preliminary Freedom-to-Operate Review.bdc-basel. available at http://www. at Dr. Brief No. Switzerland available at www.xxxi A project report on: “Bajaj Auto Ltd. 7 Freedon to Operate.V. T. Ram Manohar Lohiya National Law University. 2009.wipo. Intellectual Property Strategy available at http://www. 2009. Lucknow. xxxviii IP Due Diligence – A Necessity. Vol.org/handbook/ch14/ xxxv Basics of Writting Patent Non-infringement and Freedom to Operate Opinions. pp 7-13. 14. by B. Nov. 14.htm xxxix Case Study: Freedom to Operate Analysis in the Field of Medical Devices .2 Freedom to Operate: The Preparations. by Stanley P.R. Jan.org/kc/bin/isaaa_briefs/index. xxxvi Cha.morganlewis. 14. Cha.isaaa. Kowalski.htm.The Business Development Company GmbH.com . p. by Antole Krattiger. A Case Study.iphandbook. Not a Luxury. by BDC. NY. 2000. www. Nagori and Vipin Mathur. Vs. Motor Company Ltd.iphandbook.com/documents/erh/ERH_FreedomToOperate_ELSCDeskbook.int/sme/en/documents/ip_due_diligence.” Submitted byAnoop Kumar Yadav. 21 (January 2005). Journal of Intellectual Property Rights.S. in Handbook of Best Practices available at http://www. SP Kowalski and AF Krattiger. in Handbook of Best Practices available at http://www. ISAAA: Ithaca.org/handbook/ch14/ xxxvii Kryder RD. xxxii xxxiii Look Before You Leap: Investing in a Freedom to Operate Patent Review by Tamsen Valoir . 20. Executive xxxiv Cha.scribd.1 Freedom to Operate.pdf Legal Advisor.com/doc/22543786/bajaj-auto-ltd-vs-tvs-motors-ltd-case-study.

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